RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY’S
COMMITMENT TO ENFORCEMENT OF STATE LAW AND CITY POLICIES IN
RESPONSE TO FEDERAL IMMIGRATION ENFORCEMENT ACTIONS THAT DO NOT
COMPLY WITH THOSE LAWS AND POLICIES
CITY OF FOSTER CITY
WHEREAS, due to recent federal immigration enforcement actions in Minneapolis, Minnesota, including multiple fatal shootings by federal immigration agents and federal agents' resistance to local/state investigations, serious concerns have been raised nationwide regarding the protection and preservation of constitutional rights, the use of excessive force, and local autonomy in law enforcement oversight between municipalities and counties; and
WHEREAS, federal immigration enforcement can escalate fear and pose an immediate chilling effect on cities, including but not limited to, inhibiting local residents from freely enjoying public facilities, attending schools, accessing medical services, and engaging in the basic civil liberties of life, as entitled in the United States Constitution; and
WHEREAS, the United States Constitution guarantees fundamental civil liberties, including due process, equal protection under law, freedom of speech, and freedom from unreasonable seizure with the understanding that these rights belong to every person, regardless of citizenship status, in the United States; and WHEREAS, the City of Foster City ("City") is a welcoming, inclusive City that will protect the rights and privileges of everyone in the City, regardless of immigration status, and will oppose any attempts to undermine the safety, security, and rights of members of our community; and
WHEREAS, the City of Foster City Police Department (“FCPD”) has a long and proud history of building strong relationships of mutual respect and trust with community members, regardless of their immigration status, and FCPD policies state that the department does not directly investigate or enforce immigration laws, as their primary function is to enforce the laws of California; and
WHEREAS, current City policies do not explicitly restrict federal civil immigration enforcement agencies from using City-owned land or facilities for operations, staging, processing, or surveillance, and without such protections, City assets may be inadvertently weaponized against the very communities the City serves, undermining trust in local government; and
WHEREAS, the City seeks to implement an “ICE-Free Zone” policy to protect public safety, ensure community members feel safe accessing City services and facilities, and prevent voluntary use of City property to support federal civil immigration enforcement; and
WHEREAS, the City Council of the City of Foster City reaffirms that all government actions, local, state, or federal, must adhere to constitutional principles and that local democratic institutions play a vital role in upholding the rule of law and community trust.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City hereby authorize:
SECTION 1. CITY RESPONSE TO USE OF CITY PROPERTY OR FACILITIES BY
AN IMMIGRATION AUTHORITY
A. Supervision of all City property and facilities is vested in the City Manager. (City of Foster City Municipal Code ("FCMC") § 2.04.180.) Any use of City property or facilities must be expressly authorized by the FCMC or other valid law, an ordinance or resolution of the City Council, a valid contract with the City, or the City Manager or designee through a permit and/or policy. Any use of City property or facilities not expressly authorized is prohibited.
B. It is the existing practice and policy of the City to respond to any unauthorized use of City property or facilities to inform the user or users that their use is not authorized and that they must cease and desist immediately, and to demand that they depart the City property or facility without delay.
C. Use of City property or facilities by federal immigration authorities is not expressly allowed and is therefore already prohibited.
D. In the event that federal immigration authorities attempt to use a City property or facility, the City Manager or designee will inform the immigration authority that their use is not authorized and that they must cease and desist immediately and will demand that they depart the City property or facility without delay.
E. If the federal immigration authority refuses a lawful demand to immediately cease and desist in its unauthorized use of City property or facilities and to depart without delay, the City Manager or designee will take the following steps:
1. Document, to the extent feasible under the circumstances, that the City provided the federal immigration authority with a lawful demand to cease and desist in the use of City property or facilities and demanded that the immigration authority depart without delay.
2. Document, to the extent feasible under the circumstances, that the federal immigration authority refused the City's lawful demand, including but not limited to in writing, video, and photographs.
3. Immediately inform all City departments of the demand and refusal and the location and nature of the federal immigration authority' s use of City property or facilities.
4. Immediately inform the City of Foster City community, through all available means of communication, of the demand and refusal and the location and nature of the federal immigration authority's use of City property or facilities.
5. Immediately inform the press of the demand and refusal and the location and nature of the federal immigration authority's use of City property or facilities.
SECTION 2. CONTINUING RESTRICTIONS ON ACCESS TO CITY FACILITIES
AND CITY RESPONSE TO VIOLATIONS OF RESTRICTIONS BY A
FEDERAL IMMIGRATION AUTHORITY
A. Consistent with the City Manager's authority described in Section 1(A) of this Resolution, access to some City facilities or portions of facilities is restricted to City employees and officials and individuals with express permission to enter. Anyone without express authorization is prohibited from entering restricted facilities or areas of facilities.
B. Entrance into restricted City facilities or restricted areas of City facilities by federal immigration authorities is not expressly allowed and is therefore already prohibited, unless the federal immigration authority is acting pursuant to a lawfully issued judicial warrant.
C. It is the existing practice and policy of the City to respond to any attempt at unauthorized entry into a restricted City facility or restricted area in a City facility to inform the person attempting entry or who has already entered that they are not authorized to enter and that they must immediately cease and desist any attempt to enter, or exit the restricted facility or area without delay.
D. In the event that a federal immigration authority attempts to enter into a restricted City facility or restricted area in a City facility, the City Manager or designee will inform the immigration authority that their entrance is not authorized, unless they can produce a valid judicial warrant to enter the facility or area of a facility, and that they must cease and desist immediately the attempt to enter or depart the restricted City facility or restricted area without delay.
E. If the federal immigration authority refuses a lawful demand to immediately cease and desist in its attempt to enter a restricted City facility or restricted area in a City facility or to depart without delay, the City will take the same steps outlined in Section 1(E)(1)-(5).
F. The City Council confirms its understanding that State law requires that federal immigration officials possess a judicial warrant prior to entering any area of a City- owned or City-controlled Property that is not generally, or at the time of entry, open to the public. Nothing in this Resolution shall be construed as restricting or interfering with the execution of valid judicial warrants or court orders from federal or State judicial officers or with the enforcement of any provisions of criminal law, nor as limiting the rights of any person or entity under State or federal law.
SECTION 3. CITY RESPONSE TO IMMIGRATION AUTHORITY REFUSAL TO
COMPLY WITH CALIFORNIA LAW REQUIRING IDENTITY
A. In 2025, the California Legislature enacted and the Governor signed SB 805, the No Vigilantes Act. SB 805 requires a law enforcement officer that is not uniformed to visibly display identification that includes their agency and either a name or badge number to the public when performing their enforcement duties, unless an exception applies.
B. In any interaction between City staff and an law enforcement officer as defined in SB 805, if City staff reasonably believe the officer is not complying with SB 805, City staff will request that the officer to comply. If the officer refuses to comply with SB 805, City staff will:
1. Document, to the extent feasible under the circumstances, that the City provided the officer with a lawful request to comply with SB 805.
2. Document, to the extent feasible under the circumstances, that the officer refused the City' s lawful request, including but not limited to in writing, video, and photographs.
3. Immediately inform all City departments of the request and refusal and the location and nature of the officer’s activities that violate SB 805.
4. Immediately inform the City of Foster City community, through all available means of communication, of the request and refusal and the location and nature of the officer’s activities that violate SB 805.
5. Immediately inform the press of the request and refusal and the location and nature of the officer’s activities that violate SB 805.
SECTION 4. NO PRIVATE RIGHT OF ACTION
This Resolution does not create or form the basis of liability on the part of the City or any City department, agency, official, or employee, nor does it create a private right of action against the City or any City personnel. This Resolution shall be implemented through existing administrative policies and procedures governing City operations. The City Manager may establish additional rules or regulations necessary to carry out the provisions of this Resolution.
SECTION 5. SEVERABILITY
If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, the remainder of this Resolution, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Resolution are severable. The City Council of the City of Foster City hereby declares that it would have passed each Section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 6. NO IMPAIRMENT OF PROPERTY INTEREST
The provisions of this Resolution shall not impair any lease, license, or any other property interest or contractual restriction in existence as of the date of adoption of this Resolution.
SECTION 7. DEFINITIONS
For the purpose of this Resolution:
A. “Federal Immigration Authority" means any person or agency engaging in efforts to investigate, enforce, or assist in the enforcement of federal civil immigration law, including, but not limited to, U.S. Immigration and Customs Enforcement ( ICE), U. S. Customs and Border Protection (CBP), the Department of Homeland Security ( DHS), the Drug Enforcement Agency (DEA), and the Federal Bureau of Investigations (FBI).
B. "Judicial warrant" means a warrant based on probable cause and signed by a federal or state judge. It does not include administrative warrants, such as ICE Form I-200 or I-205, issued by immigration officers.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of April, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
ART KIESEL, MAYOR
ATTEST:
__________________________________
PRISCILLA SCHAUS, CITY CLERK